Justices of the Peace Act 2018

Justices of the Peace Act 2018

This Act may be cited as the Justices of the Peace Act 2018.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears –

appointed justice means a justice who holds the office of Justice of the Peace under an appointment under section 5 or 8;

code of conduct means a code of conduct prescribed by the regulations for the purposes of section 20;

commission of the peace means the letters patent of 4th May 1895 which assign justices to keep the Queen's peace in this State and any letters patent to the same purpose that take the place of those letters patent;

duties includes powers and a reference to carrying out duties includes a reference to exercising powers;

insolvent, in relation to a person, means that the person – is bankrupt; or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or is compounding with his or her creditors; or has made an assignment of his or her remuneration or estate for the benefit of his or her creditors;

investigator means a person authorised under section 26 to undertake an investigation of the conduct of a justice or other person;

justice means – an appointed justice; or a magistrate;

removal from the office of Justice of the Peace means the revocation of the appointment as Justice of the Peace of an appointed justice;

Secretary means the Secretary of the Department.

A person may apply to be appointed as a Justice of the Peace.

An application is to be – in a form approved by the Secretary; and lodged with the Secretary.

In this section – eligible person means a person who – has attained the age of 18 years but has not attained the age of 75 years; and is an Australian citizen; and in the opinion of the Minister – understands the role and duties of a justice; and has sufficient proficiency in the English language to carry out the duties of a justice; and ordinarily resides in Tasmania; and is likely to be reasonably available to exercise the powers of a justice for the purpose of meeting the needs of the community in the area in which he or she resides or works and to be reasonably active in doing so; and is a fit and proper person to hold the office of Justice of the Peace; and has completed any training required by the regulations to be undertaken before being appointed as a Justice of the Peace.

The Governor may appoint such eligible persons resident in Tasmania as he or she thinks appropriate to the office of Justice of the Peace for Tasmania.

Despite subsection (2), the Governor may only appoint an eligible person as a Justice of the Peace if satisfied that there is a need for a Justice of the Peace, or another Justice of the Peace, in the area in which the eligible person resides or works.

An appointment of a person as a Justice of the Peace is to be notified in the Gazette.

An appointed justice is not entitled to exercise any of the powers of the office of Justice of the Peace until he or she has taken the judicial oath in accordance with the Promissory Oaths Act 2015 on that appointment.

An appointed justice may apply for reappointment as a Justice of the Peace within 6 months before he or she attains the age of 75 years or the term of his or her appointment expires.

A person who was an appointed justice may apply for reappointment as a Justice of the Peace within 6 months after his or her appointment was terminated if the termination occurred because he or she attained the age of 75 years or the term of his or her appointment expired.

An application is to be – in a form approved by the Secretary; and lodged with the Secretary.

An appointed justice or a person referred to in section 7(2) is eligible to be appointed as a Justice of a Peace under this section if he or she – has not attained the age of 84 years and 6 months; and is an Australian citizen; and in the opinion of the Secretary – ordinarily resides in Tasmania; and before the termination of the appointment is or was actively serving the community in the office of Justice of the Peace; and is likely to continue to actively serve the community in the office of Justice of the Peace if reappointed; and continues to be a fit and proper person to hold the office of Justice of the Peace.

On receipt of an application made under section 7, the Secretary may appoint the applicant to the office of Justice of the Peace if he or she considers that the applicant is eligible to be so appointed.

An appointment under this section is for the term of 2 years commencing on the termination of the current or immediately preceding appointment to the office of Justice of the Peace, regardless of whether that current or preceding appointment is terminated before or after the reappointment.

An appointment under this section to the office of Justice of the Peace is to be notified in the Gazette.

Section 6 does not apply in relation to an appointment under this section to the office of Justice of the Peace.

Despite subsection (3), an appointment under this section terminates when the appointed justice attains the age of 85 years.

If an appointed justice applies for reappointment before his or her appointment is terminated but the Secretary does not determine the application until after that termination, that appointment, for all purposes other than subsection (3), is taken to continue until the application is determined.

A magistrate is a Justice of the Peace by virtue of holding the office of magistrate.

A justice may exercise the powers conferred on a Justice of the Peace by – this and any other Act; and any other law.

Despite subsection (1)(b), a power conferred on a Justice of the Peace at common law is exercisable only by a justice who is a magistrate.

A justice is not disabled from exercising the powers of a Justice of the Peace in any matter relating to a municipal area by reason only of being –

a ratepayer; or a member of, or interested in, the concerns of the council.